Sheahan (Trustee) v Scott, In the matter of Livingstone [2002] FCA 1440

Sheahan (Trustee) v Scott, In the matter of Livingstone [2002] FCA 1440

The discretionary decision of the primary judge is not attended by sufficient doubt to warrant reconsideration; there is no error in principle about weighing privacy interests, and the judge's reasons showed anxious consideration of relevant matters.

Jurisdiction
Australia
Judgment Date
21 November 2002
Procedural Posture
Notice of Motion for Leave to Appeal Interlocutory Decision / Application for Leave to Appeal
Outcome
Application dismissed with costs.
Legal Topics
['leave to Appeal' 'interlocutory Decision' 'examination Summons' 'discretionary Decision' 'oppression' 'abuse of Process']
['practice and Procedure' 'bankruptcy'] ['leave to Appeal' 'interlocutory Decision' 'examination Summons' 'discretionary Decision' 'oppression' 'abuse of Process']

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Procedural Posture

Notice of Motion for Leave to Appeal Interlocutory Decision / Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted against an interlocutory decision dismissing a motion to discharge an examination summons as oppressive or an abuse of process']

Ratio Decidendi

The discretionary decision of the primary judge is not attended by sufficient doubt to warrant reconsideration; there is no error in principle about weighing privacy interests, and the judge's reasons showed anxious consideration of relevant matters.

Court Disposition

Application dismissed with costs.

Orders

  • ['The motion is dismissed.' 'The applicant on the motion is to pay the costs of the respondent to the motion.']